The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-15
. A Decision in the Meagher Contest Fa-
vOrs the C0ntest0r Dickers0n.
The Conclusion Is Affirmed that Judicial
officer Cannot Serve as Representative
While Holding the Former Position.
In the Senate the Citizens Rem0n-
STRANGE Causes a Partisan's TRADE.
Honest Democrats Denounced for Protesting
Against an Objectionable Appointment
Made at the Demand Of the Gang.

Made at the Demand OF the tang.
A CONTEST SETTLED.
An Afternoon Spent ON the EIeagher Case,
Resulting In Favor of the Contestor.
There are enough rumors current TO pro-
jected political movements in both Senate and
House to still attract large number Of visitors,
who have their curiosity whette1 to the keeEest
edge. But, so far the furious wrangles have
net been renewed since Monday. 1t was on the
cards yesterday that one of the House contests,
that relating to Meagher, of Vigo, would be de-
termined on report of the committee cleo
tons. The Democrats were prepared to resist
Its adoption, but when the report WAS read they
manifested but little interest, while Meaeher
bimsef sat listening with seeming indifference.
9he majority Of the committee gave q lengthy
review of the case. citing all the facts from the
time Meagher Was elected justice of the peace
TO his candidacy for the Legislature and the re-
suits therefrom. 1t was reported that the proof
showed that he, justice, gave bond, took the
path of Office and intended to fulfill his duties,
but the County Commissioners having reduced
The number of justices to three 1t was claimed
by hum that his succession to the Office was thus
sut off. The majority, however concluded that.
under decisions and other interpretations of
law, Meagher in fact justice
Of the peace when he became can
didate and was voted for as Representative.
1t was the belief of the committee that the fact
that Mr. Meagher did not attempt to discharge
the duties of his office did not make him any the
Ia. to no
tee was of the opinion that the Board Of Com
rnissioners of Virgo county acted legally in in
creasing the number Of justices to five, and the
action OF the board in afterward decreasing the
number to three could not affect the rights of
the contestee to the Office of justice. Among the
authorities cited was the case of Bailey vs.
Peelle In the General Assembly OF 1862 in which
the latter was declared ineligible because of hav
ing been elected justice of the peace and the
report in the case declaring him ineligible was
urged by Judge collars, now of the Supreme Court.
Meagher qualified in Mayas justice OF the peace,
and the order of the Commissioners was not made
until the following September, and It could not
affect him. as the Constitution stands in the way;
besides, 1t made exception Of officers elected
and qualified before its passage Briefly, tn Q
report
his seat IA Representative, for, at the election
under which he claims it, he was judicial Off
Ger, and he could not constitutionally hold two
Offices at the same time. 1t was, moreover, de-
eided that the rulings OF courts had been In con-
tests of this character that the seat should be
given to the contestor lin this case Dickersonl
On the ground that, as the candidate receiving
she highest number was not legally entitled to
the Office. the votes for him had been thrown
away. For the minority Representatives Cush-
and Rar traY off n hat al IN oh
Meagher had qualified for the Office. the order
Of the County Commissioners annulled this rec
ord. Meagher, it stated, never did any business
as Justice of the peace, and never intended to
after the number Of justices had been reduced,
for the reason there was but Justice Steinwell
whom no could succeed. and whose term did not
expire until the 8th of November. 1886, six days
after the election OF Meagher as Representative.
BY his election AS Representative he was dis
qualified from fulfilling the duties of justice OF
the peace. the reports were laid over until the
afternoon session, to come up as special order,
the discussion to be equally divided, and q vote
to be taken not later than o'clock.
Representative Kellison had his resolution the
pf day before, in reference to the Mackey case,
which was declared out OF order at that time. re
read Representative Gardiner moved that it be
indefinitely postponed and demanded the previ
pus question. Representative Kellison began tc
argue the point, when the Speaker called him te
prd.r, but tho Representative claimed. II be-
ieve. Mr.. Speaker, that /, as the mover of the
RESOLUTION, have right to speak under the oper
alton of the previous question"
,a5 s s. VEAL su,soiI,y " p''''' 'A''
Representative Kelson-The rules, believe
rive the introducer of bill the right to speal
fifteen minutes think this applies to resolu
lions as WELL
The Speaker: II do not think So" The yeas
md nays were then demanded on the motion Of
Representative Gardiner. During the call Rep
sesentative Beasley, Democratic contestee. ex
Al soolh ;c tcf half haf ffox
On elections intended to act fairly, and. there
fore, he would vote to indefinitely postpone thu
resolution Representative Cox, of Miami. made
three minutes statement why he was opposed
e KS A. h rhs loud s1ess
gave clew to his error, and he quickly chanRe'
his vote to no. Representative Foster attempte,
to interject an argument in support OF REPRE-
sentative Kellison a plea to explain, but h
his seat, however, until he bfoueht himself to
ridiculous effort at defiance, iQ which he We
S say s s4s q DO Ss hsH 4s os ms
the laughter from both sides of the House thu
greeted his partisan zeal. The resolution wa
Indefinitely postponed.
When the reports were taken up, Representa-
tive Gordon got the floor in the interest of tn
minority. He controverted the position in tn
conclusions Of the majority that Meaeher's terri
began the 22d day of October. 1885, although tn
documentary evidence and record show that hi
commission, issued April Is, that year. state
that his term il to begin the frst-named dat.
Meagher qualified May 5. and the report show
that Justice Of the Peace Gartnell, whose servie
expired on the 22d of October offered his dock,
to Meagher, who refused it, because he was the
candidate for REPRESENTATIVE. But, in face
these facts Representative Gordon said that Q
account Of the action Of the County Commi
siopers, Meagher's term could not possibly beg
at that time. The only justice Of the peace
could succeed was Stcinwell who did not ret
from Office until the 9th Of November. On tn
day Meagher was Represen tative because h
term as such, under the law, began the day aft
the election, and hence was disqualified from su
ceeding Steinwell
Representative Grifiths took the minority
their own line of defense by letting the facts
the majority report carry their own force ii
slearness, while he attacked the weakness
the Meagher claim that his disqualification as